The subject of the article is the analysis of the legal structure of the so-called decision-in-principle, regulated in the provisions of Chapter 1a of the Act of June 29, 2011 on the preparation and implementation of investments in nuclear energy facilities and accompanying investments[1]. In 2023, the minister responsible for energy issued a total of nine decisions-in-principle for four different entities intending to implement both large-scale and small nuclear reactors (SMRs). This decision is an expression of the state’s political acceptance for the construction of a nuclear power plant by a specific investor, in a specific location and using an established reactor technology. The amendment to the provisions of the aforementioned Act from April 2023 introduced a number of changes in relation to the structure of the decision-in-principle, including, among others, its subject and position in the licensing process of nuclear energy facilities, elements of the application initiating proceedings before the minister responsible for energy, as well as the conditions for issuing and components of this decision[2]. At the same time, issues related to changes in the ownership structure of the investor who obtained the decision-in-principle or the company being a partner or shareholder in this entity were regulated. In turn, as a result of the change from October 2023, the circle of cooperating bodies (opinion-giving) in the proceedings for issuing the decision-in-principle was expanded. In the current wording of the provisions of the Act, the issuance or refusal to issue a decision-in-principle takes place after seeking the opinion of the Head of the Internal Security Agency, the minister responsible for the environment and the minister responsible for state assets. The aim of the article is to assess the changes introduced, indicate interpretation doubts, as well as put forward de lege ferenda postulates for changes in regulations in the analyzed area.
[1] Consolidated text: Journal of Laws of 2021, item 1484 as amended.
[2] Act of March 9, 2023 amending the Act on the preparation and implementation of investments in nuclear energy facilities and accompanying investments and certain other acts (Journal of Laws, item 595).